The defendant appealed against his conviction for obstructing a police officer in the execution of his duty, saying that there had been no evidence that at the time of the events, the officer was acting in the lawful execution of his duty. He purported to be executing a search warrant, but the officer had no direct knowledge of the warrant.
Held: Evidence of the mere belief of the existence of a warrant, by an officer who was not involved in making the application for the warrant, who has not seen the warrant and who has no personal knowledge of the details of the warrant is not actual or sufficient evidence of the existence of the warrant itself. However the evidence here went beyond that. Having entered under orders as one amongst a group of officers. There was sufficient evidence before the magistrate for them properly to infer in the absence of any countervailing evidence that there was an existence, a valid and effective warrant and therefore the officer in question was at all material times acting in the lawful execution of his duty.
Haddon-Cave J
[2013] EWHC 3600 (Admin)
Bailii
Police Act 1996 89(2)
Citing:
Cited – Regina v Galbraith CCA 1981
Rejection of Submission of No Case to Answer
The defendant had faced a charge of affray. The court having rejected his submission of having no case to answer, he had made an exculpatory statement from the dock. He appealed against his conviction.
Held: Lord Lane LCJ said: ‘How then . .
Cited – Riley v Director of Public Prosecutions Admn 1990
A police officer is not acting in the execution of his duty by arresting or detaining someone unless that arrest or detention is lawful. Justices are not entitled to infer that a police officer was acting in the course of his duty in carrying out a . .
Cited – Regina v Brent Justices ex parte Linehan Admn 5-Oct-1998
The court was asked whether the Justices were entitled to find that the officers were acting in the execution of their duty without the production in court of the warrant or notice of authority. There was no evidence as to the actual existence of a . .
Lists of cited by and citing cases may be incomplete.
Police, Magistrates
Updated: 26 November 2021; Ref: scu.518561
